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Bombay High CourtSA/34/2002disposed of

Sitabai Rama Naik v. .Anusuya Nakul Naik

2025-03-20Hon'Ble Smt. Justice Bharati H. Dangre3 pages

2025:BHC-GOA:524 Maria S.

IN THE HIGH COURT OF BOMBAY AT GOA

SECOND APPEAL NO. 34 OF 2002 WITH CIVIL APPLICATION NO.207 OF 2002 Sitabai Rama Naik

Versus

Anusuya Nakul Naik.

... Appellant ... Respondent WITH CIVIL APPLICATION NO.207 OF 2002 IN SECOND APPEAL NO. 34 OF 2002 Sitabai Rama Naik (dec.) And Ors.

Versus

Anusuya Nakul Naik.

... Applicant ... Respondent WITH SECOND APPEAL NO. 29 OF 2007 WITH CIVIL APPLICATION NO.47 OF 2007 ... Appellants ... Respondents.

Anusuya Nakul Naik And 4 Ors.

Versus

Sitabai Rama Naik (deceased) represented by his LRs and 3 Ors.

Mr. Sandesh D. Padiyar, Senior Advocate with Mr Prayash P. Shirodkar and Ms Akshata Rane, Advocates for the Appellant/Applicant in SA/34/2002 and for Respondent in SA/29/2007.

Ms Laxmi Sawant, Advocate for the Appellant/Applicant in SA/29/2007 and for the Respondent in SA/34/2002.

CORAM : BHARATI H. DANGRE, J. DATED : 20th MARCH, 2025 In continuation to the order dated 17.03.2025 with reference to the Court Commissioner's report dated 21.03.2023, learned Counsel for the Appellant in Second Appeal No.29/2007, categorically submit that she has no dispute about the fact that the property has been equally demarcated. She, however, insist and submit that the entry to the house of the Respondent is through the house of her client and this may pose some difficulty.

She would also submit that in the past there was a mutual arrangement between the parties to allow a 1mtr road for accessing the house of the Respondent.

2. As per the report of the Commissioner, which has already been placed on record, he has demarcated the boundaries and divided the property between both the Appellants as indicated in the plan, the long-drawn dispute between them deserve to be put to an end, with the expectation that whatever concern has been expressed by the learned Counsel for the Appellant in Appeal No.29/2007 shall be mutually resolved between the parties.

3. With the aforesaid observations, Second Appeal No.34/2002 as well as Second Appeal No.29/2007 are disposed of in the wake of the report of the Commissioner submitted to this Court on 21.03.2023.

4. In the wake of the disposal of the Appeals, all pending Civil Applications also stand disposed of.

Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 21/03/2025 13:50:59